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2026 DAILYLAW 48673 (MAD)

Gowtham v. State Of Tamilnadu Rep By Inspector Of Police, Palayamkottai

CRL MP(MD)/3754/2026 · 2026-07-02

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2026 CORAM THE HONOURABLE Mr. JUSTICE K. RAJASEKAR Crl.M.P(MD) No.3754 of 2026 in Crl.O.P(MD) No.23183 of 2025 Gowtham ... Petitioner Vs. 1.State Rep. by the Inspector of Police, Palaymkottai Police Station, Tirunelveli City. (Cr.No.653 of 2025) 2.Udaiyar ... Respondents PRAYER : Criminal Original Petition filed under Section 483(3) of Bharatiya Nagarik Suraksha Sanhita, 2023, to cancel the anticipatory bail granted to the second respondent on 17.12.2025 in Crl.O.P.(MD) No.23183 of 2025. For Petitioner : Mr.C.Saravanakumar For Respondent : Mr.I.Murugesan Government Advocate (Crl.Side) for R1 No appearance for R2 1/6 https://www.mhc.tn.gov.in/judis ORDER This petition has been filed to cancel the anticipatory bail granted by this Court to the second respondent on 17.12.2025 in Crl.O.P.(MD) No.23183 of 2025. 2. The learned counsel for the petitioner submitted that the second respondent, along with A1, approached the petitioner and promised to re-pledge the gold jewels with the petitioner after redeeming the jewels which were already pledged with Manappuram Gold Finance. For that purpose, they also demanded Rs.8,99,000/-. The petitioner also paid the amount through the first accused's bank account. It is also stated that though the jewels belonged to A1, the same were pledged in the name of A2/petitioner herein. Accordingly, the payments were made and after redeeming the jewels, they would be handed over to the petitioner. However, both the accused absconded and thereby cheated the petitioner. Accordingly, the petitioner lodged a complaint. 3. The learned counsel for the petitioner further submitted that initially, the complaint lodged by the petitioner was enquired into in CSR on the file of Palayamkottai Police Station, Tirunelveli District. Apprehending arrest, the second accused approached this Court and this Court granted interim 2/6 https://www.mhc.tn.gov.in/judis anticipatory bail to the petitioner herein in Crl.O.P.(MD) No.21796 of 2025 vide order dated 09.12.2025 on the condition that the petitioner shall appear before the respondent Police daily at 10.30 a.m. for a period of two weeks and co-operate with the investigation and the case was posted on 05.01.2026. However, the petitioner herein failed to appear and accordingly, a criminal case was registered by the respondent Police. 4. He further submitted that apprehending arrest in Crime No.653 of 2025 on the file of the respondent Police, by suppressing the earlier anticipatory bail application filed by him, a fresh anticipatory bail application was filed in Crl.O.P.(MD) No.23183 of 2025 and anticipatory bail was obtained vide order dated 17.12.2025. Since there was suppression of material facts and the second respondent herein did not comply with the conditions stipulated, the petitioner herein approached this Court to cancel the anticipatory bail granted to the second respondent herein. 5. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the first respondent. 3/6 https://www.mhc.tn.gov.in/judis 6. Notice was also directed to be served on the second respondent and the same has also been served. However, the second respondent has not appeared either in person or through counsel. 7. As stated by the learned counsel for the petitioner, a copy of the order passed by this Court in Crl.O.P.(MD) No.21796 of 2025 dated 09.12.2025 reveals that the second respondent herein approached this Court seeking anticipatory bail and this Court granted interim anticipatory bail and directed the first respondent Police to conduct the investigation. This Court further directed the second respondent herein to co-operate with the investigation and the matter was adjourned to 05.01.2026. In the meantime, the case was registered due to the non-appearance of the second respondent before the first respondent Police and apprehending arrest, another application was filed by suppressing the fact that he had already been granted interim anticipatory bail. Hence, this Court is inclined to cancel the anticipatory bail granted to the second respondent herein on 17.12.2025 in Crl.O.P.(MD) No.23183 of 2025, and the sureties executed by the second respondent shall be cancelled by the concerned Trial Court. Accordingly, this Criminal Miscellaneous Petition stands allowed. 4/6 https://www.mhc.tn.gov.in/judis 02.07.2026 Indu To 1.The Judicial Magistrate No.I, Tirunelveli. 2.The Inspector of Police, Palaymkottai Police Station, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis K. RAJASEKAR.J Indu Crl.M.P(MD) No.3754 of 2026 in Crl.O.P(MD) No.23183 of 2025 02.07.2026 6/6 https://www.mhc.tn.gov.in/judis